NATIONAL UNIVERSITY

COLLEGE OF ARCHITECTURE AND ARTS

REPUBLIC ACT NO. 9266

PRESIDENTIAL DECREE 545
Ar. RMP.En.P. Gene “Jeboy” Giron

Jeraldine Lala Dasco

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PROFESSIONAL
PRACTICE 1:
Laws Affecting Practice of Architecture
 PROFESSIONAL PRACTICE 1: Laws Affecting Practice of Architecture 1

Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand
and three.

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[REPUBLIC ACT NO. 9266]

AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE
REGISTRATION, LICENSING AND PRACTICE OF ARCHITECTURE, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO
REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES," AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

ARTICLE 1

GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as "The Architecture Act of 2004."

SEC. 2. Statement of Policy – The State recognizes the importance of architects in nation
building and development. Hence, it shall develop and nurture competent, virtuous,
productive and well-rounded professional architects whose standards of practice and
service shall be excellent, qualitative, world-class and globally competitive through
inviolable, honest, effective and credible licensure examinations and through regulatory
measures, programs and activities that foster their professional growth and development.

SEC. 3. Definition of Terms. – As used in this Act, the following terms shall be defined as
follows:

1. "Architecture" is the art, science or profession of planning, designing and

constructing buildings in their totality taking into account their environment, in
accordance with the principles of utility, strength and beauty;
2. "Architect" means a person professionally and academically qualified, registered and
licensed under this Act with a Certificate of Registration and Professional
Identification Card issued by the Professional Regulatory Board of Architecture and
the Professional Regulation Commission, and who is responsible for advocating the
fair and sustainable development, welfare and cultural expression of society’s
habitat in terms of space, forms and historical context;

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 PROFESSIONAL PRACTICE 1: Laws Affecting Practice of Architecture 2

a. "Architect-of-record" means the architect registered and licensed under this

Act, who is directly and professionally responsible for the total design of the
project for the client and who shall assume the civil liability for the plans,
specifications and contract documents he/she has signed and sealed;
b. "Architecture-in-charge of construction" means an architect registered and
licensed under this Act, who is directly and professionally responsible and
liable for the construction supervision of the project;
c. "Consulting Architect" means the architect registered and licensed or
permitted to practice under this Act, who is professionally and academically
qualified and with exceptional or recognized expertise or specialization in any
branch of architecture;
3. "General Practice of Architecture" means the act of planning and architectural
designing, structural conceptualization, specifying, supervising and giving general
administration and responsible direction to the erection, enlargement or alterations
of buildings and building environments and architectural design in engineering
structures or any part thereof; the scientific, aesthetic and orderly coordination of all
the processes which enter into the production of a complete building or structure
performed through the medium of unbiased preliminary studies of plans,
consultations, specifications, conferences, evaluations, investigations, contract
documents and oral advice and directions regardless of whether the persons
engaged in such practice are residents of the Philippines or have their principal office
or place of business in this country or another territory, and regardless of whether
such persons are performing one or all these duties, or whether such duties are
performed in person or as the directing head of an office or organization performing
them;
4. "Scope of the Practice of Architecture" encompasses the provision of professional
services in connection with site, physical and planning and the design, construction,
enlargement, conservation, renovation, remodeling, restoration or alteration of a
building or group of buildings. Services may include, but are not limited to:
a. planning, architectural designing and structural conceptualization;
b. consultation, consultancy, giving oral or written advice and directions,
conferences, evaluations, investigations, quality surveys, appraisals and
adjustments, architectural and operational planning, site analysis and other
pre-design services;
c. schematic design, design development, contract documents and construction
phases including professional consultancies;
d. preparation of preliminary, technical, economic and financial feasibility
studies of plans, models and project promotional services;
e. preparation of architectural plans, specifications, bill of materials, cost
estimates, general conditions and bidding documents;
f. construction and project management, giving general management,
administration, supervision, coordination and responsible direction or the
planning, architectural designing, construction, reconstruction, erection,
enlargement or demolition, renovation, repair, orderly removal, remodeling,
alteration, preservation or restoration of buildings or structures or complex

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buildings, including all their components, sites and environs, intended for
private or public use;
g. the planning, architectural lay-outing and utilization of spaces within and
surrounding such buildings or structures, housing design and community
architecture, architectural interiors and space planning, architectural
detailing, architectural lighting, acoustics, architectural lay-outing of
mechanical, electrical, electronic, sanitary, plumbing, communications and
other utility systems, equipment and fixtures;
h. building programming, building administration, construction arbitration and
architectural conservation and restoration;
i. all works which relate to the scientific, aesthetic and orderly coordination of
all works and branches of the work, systems and process necessary for the
production of a complete building or structure, whether for public or private
use, in order to enhance and safeguard life, health and property and the
promotion and enrichment of the quality of life, the architectural design of
engineering structures or any part thereof; and
j. all other works, projects and activities which require the professional
competence of an architect, including teaching of architectural subjects and
architectural computer-aided design;
5. "Structural Conceptualization" means the act of conceiving, choosing and developing
the type, disposition, arrangement and proportioning of the structural elements of
an architectural work giving due consideration to safety, cost-effectiveness,
functionality and aesthetics;
6. "Architectural Firm" means a sole proprietorship, a partnership or a corporation
registered with the proper government agencies;
7. "Authorship" refers to the author or authors of a set of architectural plans or
specifications who are in charge of their preparation, whether made by them
personally or under their immediate supervision;
8. "Board" refers to the Professional Regulatory Board of Architecture;
9. "Commission" means the Professional Regulation Commission;
10. "Service Agreement" means a duly notarized written contract or equivalent public
instrument stipulating the scope of services and guaranteeing compensation of such
services to be rendered by an architect registered and licensed under this Act;
11. "Integrated and Accredited Professional Organization" means the existing official
national organization of all architects of the Philippines in which all registered
Filipino architects shall be members without prejudice to membership in other
voluntary professional associations;
12. "Continuing Professional Development" refers to a sustaining and progressive
learning process that maintains, enhances, or increases the knowledge and
continuing ability of architects;
13. "DTI" shall mean the Department of Trade and Industry; and
14. "SEC" shall mean the Securities of Exchange Commission.

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ARTICLE II

PROFESSIONAL REGULATORY BOARD OF ARCHITECURE

SEC. 4. Creation and Composition of the Professional Regulatory Board. – There is hereby
created a Professional Regulatory Board of Architecture, hereinafter referred to as the
Board, a collegial body under the supervision and administrative control of the Professional
Regulation Commission, hereinafter referred to as the Commission, to be composed of a
chairman and two (2) members appointed by the President of the Philippines from a lists of
three (3) recommendees chosen from a list of five (5) nominees for each position submitted
to the Commission by the integrated and the accredited professional organization of
architects. The Board shall be organized not later than six (6) months from the effectivity of
this Act.

SEC. 5. Qualifications of Members of the Professional Regulatory Board. – Each member

shall have at the time of his/her appointment, possess the following qualifications:

a. be a citizen and resident of the Philippines;

b. be a holder of a degree in Bachelor of Science in Architecture conferred by a school,
college or university in the Philippines or abroad that is recognized and/or accredited
by the Commission on Higher Education (CHED);
c. be an architect with a valid Certificate of Registration and Professional Identification
Card and active practitioner of architecture for at least ten (10) years on the date of
his/her appointment;
d. not be a member of the faculty of any good school, college, university or review
institution where a regular course or review course in architecture is taught, nor
have pecuniary interest in such institution. No former member of the faculty of any
school, institute, university or review center where architecture is taught can
become a member of the Board unless he/she had officially resigned from such an
institution and has completely stopped teaching, advising or reviewing activities for
at least five (5) years prior to the nomination; and
e. Has never been convicted of any crime involving moral turpitude.

SEC. 6. Term of Office. – The members of the Board shall hold office for a term of three (3)
years after appointment or until their successors shall have been appointed and duly
qualified. Any vacancy occurring within the term of a member shall be filled for the
unexpired portion of the term only. Each member of the Board may be reappointed for one
full term of three (3) years. Of the members of the Board first appointed under this Act, one
(1) member shall be appointed and hold office as chairman for three (3) years, one (1)
member for two (2) years, and one (1) member for one (1) year. Each member of the Board
shall qualify by taking the proper oath prior to the performance shall qualify by taking the
proper oath prior to the performance of their duties. Provided, That the incumbent
members of the Board shall continue to serve for the remainder of their term as members
of the herein created Professional Regulatory Board of Architecture until a new Board shall
have been properly organized.

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SEC. 7. Powers and Functions of the Board. – The Board shall exercise the following specific
powers, functions and responsibilities:

a. Prescribe and adopt the rules and regulations necessary for carrying out the
provisions of this Act;
b. Supervise the registration, licensure and practice of architects;
c. Administer oaths in connection with the administration of this Act;
d. Issue, suspend, revoke, or reinstate the Certificate of Registration and the
professional Identification Card for the practice of the architecture profession;
e. Adopt an official seal of the Board;
f. Monitor the conditions affecting the practice of architecture and adopt such
measures as may be deemed proper for the enhancement and maintenance of high
professional, ethical and technical standards of the profession;
g. Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional
Practice;
h. Hear and decide administrative cases involving violations of this Act, its
implementing rules and regulations, the Code of Ethical Conduct and Standards of
Professional Practice, and for this purpose, to issue subpoena ad
testifcandum and subpoena duces tecum to secure the appearance of witnesses and
the production of documents in connection therewith: Provided, That the decision of
the Board shall, unless appealed to the Commission, become final and executory
after fifteen (15) days from receipt of notice of judgment or decision. The decision of
the Commission may be appealed to the Court of Appeals in accordance with the
procedure under the Rules of Court;
i. Prescribe guidelines for the Continuing Professional Development (CPD) program in
consultation with the integrated and accredited professional organization of
architects: Provided, That the attendance to said CPD shall not be a mandatory
requirement for the renewal of a professional license;
j. Prepare, adopt, issue or amend the syllabi of the subjects for examinations by
determining and preparing questions which shall be within the scope of the syllabi of
the subject for examination as well as administer, correct and release the results of
the licensure examinations;
k. Approve, issue, limit or cancel temporary or special permit to practice architecture;
l. In coordination with the CHED, ensure that all higher educational instruction and
offerings of architecture comply with the policies, standards and requirements of the
course prescribed by the CHED in the areas of curriculum, faculty, library and
facilities;
m. To adopt a program for the full computerization of the licensure examination; and
n. Discharge such other duties and functions as may be deemed necessary for the
enhancement of the architecture profession and the upgrading, development and
growth of the architecture education.

The policies, resolutions, rules and regulations, issued or promulgated by the Board shall be
subject to review and approval of the Commission. However, the Board’s decisions,
resolutions or orders rendered in administrative cases shall be subject to review only if on
appeal.

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SEC. 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and
Support Services. –The Board shall be under the administrative supervision of the
Commission. All records of the Board, including applications for examination, and
administrative and other investigative cases conducted by the Board shall be under the
custody of the Commission. The Commission shall designate the Secretary of the Board and
shall provide the secretariat and other support services to implement the provisions of this
Act.

SEC. 9. Grounds for Suspension or Removal of Members of the Board. – The President of the
Philippines, upon the recommendation of the Commission, after giving the concerned
member an opportunity to defend himself in a proper administrative investigation to be
conducted by the Commission, may suspend or remove any member on the following
grounds:

a. Neglect of duty or incompetence;

b. Violation of tolerance of the violation of this Act, or its implementing rules and
regulations or the Code of Ethical Conduct and Standards of Professional Practice;
c. Final judgment of crimes involving moral turpitude; and
d. Manipulation or rigging of the architecture licensure examination results, disclosure
of secret and confidential information in the examination questions prior to the
conduct of the said examination or tampering of grades.

SEC. 10. Compensation and Allowances of the Board. – The chairman and members of the
Board shall receive compensation and allowances comparable to that being received by the
chairman and members of existing regulatory Boards under the Commission as provided for
in the General Appropriations Act.

SEC. 11. Annual Report. – The Board shall submit an annual report to the Commission after
the close of each year giving a detailed account of its proceedings during the year and
making such recommendations as it may deem proper.

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ARTICLE III

EXAMINATION, REGISTRATION AND LICENSURE

SEC. 12. Examination Required. – All applicants for registration for the practice of
architecture shall be required to undergo a licensure examination to be given by the Board
in such places and dates as the Commission may designate in accordance with the
provisions of Republic Act No. 8981.

SEC. 13. Qualifications of Applicant for Examination. – Any person applying for examination
shall establish to the satisfaction of the Board that:

a. He/she is a Filipino citizen or a citizen of a foreign country qualified to take

the examination as provided for in this Act;
b. He/she is of good moral character;
c. He/she is a holder of a degree of Bachelor of Science in Architecture
conferred by a school, college, academy or institute duly recognized and/or
accredited by the Commission on Higher Education (CHED) and in addition
has a specific record of at least two (2) years or equivalent of diversified
architectural experience duly certified by a registered/licensed
architect: Provided, however, That an applicant holding a Master’s Degree in
Architecture from a school, college, university or institute recognized by the
government shall be credited one (1) year in his/her practical experience; and
d. He/she has not been convicted of any criminal offensive involving moral
turpitude.

SEC. 14. Subjects for Examination. – The licensure examination for architects shall cover, but
are not limited to, the following subjects:

1. History and Theory of Architecture; Principles of Planning and Architectural

Practice;
2. Structural Design, Building Materials, and Architectural Specifications, and
Methods of Construction and Utilities;
3. Urban Design and Architectural Interiors; and
4. Architectural Design and Site Planning.

The Board, subject to the approval of the Commission, may revise or exclude any of the
subjects and their syllabi, and add new ones as the need arises to conform to technological
changes brought about by continuing trends in the profession.

SEC. 15. Rating in the Licensure Examination. – To be qualified as having passed the
licensure examination for architects, a candidate must obtain a weighted general average of
seventy percent (70%), with no grade lower than fifty percent (50%) in any given subject.

SEC. 16. Report of Ratings

MALACAÑANG
MANILA

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MALACAÑANG
MANILA

PRESIDENTIAL DECREE No. 545

AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NO. 66, “CREATING THE EXPORT
PROCESSING ZONE AUTHORITY AND REVISING REPUBLIC ACT NO. 5490″, AND FOR OTHER
PURPOSES.

WHEREAS, under Presidential Decree No. 66, dated November 20, 1972, the Export
Processing Zone Authority was created to implement the national policy of promoting the
industrial development of the country through the establishment of export processing zones;

WHEREAS, it is imperative that the development of the government-owned industrial estate

at Limay, Bataan be integrated with the Bataan Export Processing Zone, Mariveles, Bataan, in
order to achieve maximum efficiency and economy;

WHEREAS, the expanded responsibilities and activities of the Export Processing Zone
Authority arising from the above-mentioned integration will require the restructuring of the
provisions of Presidential Decree No. 66, in order that the Authority can effectively meet the
new challenge;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby decree and order:

Section 1. Section 5 of Presidential Decree No. 66 is hereby amended to read as follows:

“Sec. 5. Capitalization. The capital of the Authority shall consist of (1) its existing assets and
such other properties as may be contributed to the Authority by the Government to form part
of capital, (2) all capitalized surplus, and (3) cash contribution by the Government in the
amount of four hundred million pesos, which is hereby appropriated out of any fund in the
National Treasury not otherwise appropriated, be they collection from any or all taxes
accruing to the general fund or proceeds from loans, the issue of bonds, treasury bills or
notes, or derived from any other sources of income by or of the National Government, which
amount shall be released by the Budget Commission in accordance with the schedule of
development and expenditure to be prepared and submitted by the Authority.”

Section 2. Section 24 of the same Act is hereby amended to read as follows:

“Sec. 24. Title to Real Property. The public lands fixed and delimited as the site of the foreign
trade zone under Proclamation No. 629, series of 1969, Proclamation Nos. 899 and 939, both
series of 1971, of the President of the Philippines, shall be surveyed by the Bureau of Lands
and conveyed thereafter in absolute ownership to the Authority by the President of the
Philippines for the nominal sum of one peso for each parcel of land being conveyed under this
section. Upon receipt of said deed of conveyance, the proper Register of Deeds shall register
the same and issue the corresponding original certificate of title to the Authority. Likewise,
the public land fixed and delimited as the site of a low cost housing project for workers in the

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Zone under Proclamation No. 740, series of 1970, as amended by Proclamation No. 900, series
of 1971, of the President of the Philippines shall be surveyed by the Bureau of Lands and
conveyed in absolute ownership by the President of the Philippines to the Authority, the
Government Service Insurance System and/or social Security System and in the manner
hereinafter provided. Upon receipt of the deed of conveyance, the proper Register of Deeds
shall forthwith register the same and issue the corresponding original certificates of title
thereof.

“The public land mentioned in Proclamation No. 740, series of 1970, as amended by
Proclamation No. 900, series of 1971, of the President of the Philippines, shall be disposed of
as follows: sixty hectares to the Authority upon payment to the Government the nominal sum
of one peso, and the balance to the Government Service Insurance System and/or Social
Security System, in consideration for the development of a portion thereof by the GSIS and/or
SSS as may be necessary to accommodate the construction of standard housing unit, and/or
condominium houses, which the GSIS and/or SSS shall sell and convey, together with the title
or interest over the land as it may appear upon conveyance thereof to the bona fide residents
of Barrio Nassco and Barrio Camaya, both in the Municipality of Mariveles, Bataan, as certified
by the Authority: Provided, that the price at which said housing units may be sold to the
aforementioned bona fide residents of Barrio Nassco and Barrio Camaya shall not include the
site development cost thereof: Provided, further, That the GSIS and/or SSS shall undertake
the complete development of the residual area, including the area alloted to the Authority,
into modern communities, always taking into account the policy of low cost housing as herein
enunciated: Provided, furthermore, That the land and/or housing units constructed therein
shall have worked therein continuously for a period of at least five years, as certified by the
Authority: Provided, moreover, That where there are no persons qualified to own said land
and/or housing units, the GSIS and/or SSS may hold on to said properties for as long as they
are not sold or disposed of, notwithstanding the provisions of law to the contrary: Provided,
finally, That the Authority shall, in coordination with the GSIS and/or SSS, administer, manage
and operate the housing project, and shall issue such rules and regulations as may be
necessary for the proper management and operation thereof, including the utilization and
disposition of the land and/or housing units.

“Any law, proclamation, ordinance, rule or regulation to the contrary notwithstanding, the
Authority may transfer absolute ownership of any portion or portions of the Zone fixed and
delimited under Proclamation No. 629, series of 1969, Proclamation Nos. 899 and 939, both
series of 1971, of the President of the Philippines, of such other zones as may hereinafter be
established pursuant to the provisions of Sec. 11(b) hereof, to registered Zone enterprises
qualified to own lands under the Constitution, subject to the approval of the President of the
Philippines.”

Section 3. The management and operation of the industrial estate at Limay, Bataan is hereby
transferred from the Industrial Estate Corporation to the Export Processing Zone Authority:
Provided, That the Philippine Exclusive Corporations now operating therein shall be allowed
to continue with its usual business operations, transactions and activities, as authorized by
law, subject to such rules and regulations which the Authority may prescribe.

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Section 4. All laws, executive orders, proclamations, rules and regulations or part thereof
inconsistent with this Decree are hereby repealed and/or modified accordingly.

Section 5. This Decree shall take effect upon its approval.

DONE in the City of Manila, this 28th day of August, in the year of Our Lord, nineteen hundred
and seventy-four.

(Sgd.) FERDINAND E. MARCOS

President of the Philippines

By the President:
(Sgd.) ALEJANDRO MELCHOR
Executive Secretary

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REFERENCES:

http://www.gov.ph/1974/08/28/presidential-decree-no-545-s-1974/
http://www.architectureboard.ph/7%20OTHER%20LAWS,%20ETC28/701%20Old%20&%20N
ew%20Archt%20Laws/ra_no9266.htm

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